SIDHUINJURY LAWYERS

Personal Injury Lawyers in Hamilton

Hamilton is a single-tier municipality, so there is one road authority and one clerk for the 10-day notice. Hamilton is also home to a designated lead trauma centre, which means severe injuries from a wide area are treated and documented here.

Shawn Sidhu, personal injury lawyer at Sidhu Injury Lawyers

The lawyer on your file

Shawn Sidhu, Lawyer

You speak to a lawyer, not an intake desk. The first conversation is free, and if we do not think you have a claim we will tell you that too.

(416) 678-8765

Deadlines that apply to you

These are the dates that end claims. Check them first.

10days

If the injury happened on a municipal road or sidewalk and the claim is that it was not kept in repair, written notice must reach the municipality within 10 days.

Municipal Act, 2001, S.O. 2001, c. 25, s. 44(10)

2years

In most Ontario claims you have two years from the day you knew, or ought to have known, that you had a claim.

Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 4

Injured in Hamilton

Hamilton amalgamated into a single city, which removed the two-government problem that catches people in Peel and York. One road authority, one clerk, one notice.

What makes Hamilton different is the escarpment. The access routes up and down it are steep, they ice before the rest of the city does, and the collisions on them are not ordinary rear-end collisions. Hamilton is also where severely injured people from a wide surrounding area are brought, which means the medical record that decides a catastrophic claim is often built here even when the crash was not.

1

Get the hospital record straight away

Hamilton General is a lead trauma centre, so serious injuries are documented in unusual detail here. That record is the strongest evidence most claims will ever have.

2

Serve the City of Hamilton within 10 days

Hamilton is single-tier after amalgamation, so there is one road authority and one clerk. Simpler than Peel or York, and exactly as short.

3

Ask for the winter maintenance record

On the escarpment access routes, when a road was last cleared and salted and what standard applied is frequently the whole case. Those records are kept, and they are obtainable if you move quickly.

What is different in Hamilton

The law is the same across Ontario. Who you serve is not.

Single-tier: Hamilton is its own road authority

Hamilton is a single-tier municipality. The City of Hamilton is the road authority for city streets and sidewalks, so notice under the Municipal Act goes to the City Clerk.

WRITTEN NOTICE GOES TO

  • City Clerk, City of Hamilton

If the injury happened on a municipal road or sidewalk and the claim is that it was not kept in repair, written notice must reach the municipality within 10 days.

Municipal Act, 2001, S.O. 2001, c. 25, s. 44(10)

WHERE THE CLAIM IS ISSUED

Superior Court of Justice, Hamilton

45 Main Street East, Hamilton

A Hamilton tort claim is issued in the Superior Court of Justice at Hamilton.

LOCAL TRANSIT

Hamilton Street Railway

The HSR is operated by the City of Hamilton. An injury on an HSR bus is a claim against the municipality, so the notice rules apply from the first day.

TRAUMA AND MAJOR INJURY CARE

Hamilton General Hospital

Hamilton General, part of Hamilton Health Sciences, is the adult lead trauma centre for the region. Paediatric trauma goes to McMaster Children's Hospital. Where a catastrophic file starts there, the trauma team records are usually the most important evidence in the claim.

ROADS WE ARE CALLED ABOUT MOST

the QEW, Highway 403, the Lincoln Alexander Parkway, the Red Hill Valley Parkway

The QEW, the 403 and the two escarpment parkways carry the traffic that produces most of the serious collision work in this city.

What this costs you

We fight for the maximum compensation your claim will carry, and you do not pay a dollar unless we win.

Nothing up front. The consultation is free, we act on contingency, and we advance the costs of building the case so a claim is never held up by money. If we do not recover anything, you do not owe a fee.

  • Free consultation, no obligation
  • Not a dollar unless we win
  • We advance disbursements
  • Home and hospital visits across the GTA
COMMON QUESTIONS

Questions we get every week

The City of Hamilton. Hamilton is single-tier, so there is no regional government above it and only one clerk to serve. The notice must be in writing and reach the City within 10 days.

It matters to the evidence rather than to the law. Hamilton General is a lead trauma centre, so it receives severely injured people from a wide area, and those records usually carry the most weight in a catastrophic claim.

The law is the same, but the evidence is not. Grade, sightlines, winter maintenance records and the timing of salting are all live issues on those routes in a way they are not on a flat suburban street.

Yes. Hamilton has its own Superior Court registry, so unlike the Peel and York cities the claim is issued in the city where it happened.

Other Ontario cities we act in

The limitation period, the statutory deductible and the tort threshold are provincial, so they are identical in every city here. What changes is who must be served inside the 10-day notice window, and that is decided by the city.

Shawn Sidhu, personal injury lawyer at Sidhu Injury Lawyers

The lawyer on your file

A lawyer reads every enquiry. Not a form.

Send us what happened and Shawn Sidhu reads it himself, then replies the same business day. The first conversation is free and there is no obligation.

If we do not think you have a claim, we will tell you that too. You will know where you stand before you decide anything.

Shawn Sidhu, Lawyer

Called to the bar in British Columbia, 2013

University of British Columbia · University of Birmingham

  • Free consultation, no obligation
  • Not a dollar unless we win
  • We come to you at home or in hospital
Contact us

Your fight becomes ours the day you call us.

Consultations are free and there is no obligation. If we take the case you pay nothing unless we win, and if we think you do not have a claim we will tell you that too.

Start your free case review

Tell us what happened. A lawyer reviews every enquiry, and we reply the same business day.

Sending this form does not create a lawyer and client relationship. Please do not include confidential details until we have confirmed we can act for you.

Open 24 hours · We go for maximum compensation

Call now